STATE OF M.P. Vs BABULAL
Bench: DALVEER BHANDARI,DEEPAK VERMA
Case number: C.A. No.-007945-007945 / 2011
Diary number: 32220 / 2006
Advocates: Vs
KAILASH CHAND
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7945 OF 2011
(Arising out of SLP(C) No.1327/2007)
STATE OF M.P. AND ANR. Appellant(s)
:VERSUS:
BABULAL Respondent(s)
WITH
CIVIL APPEAL NOS. 7975-7977 OF 2011 (Arising out of SLP(C) Nos.12772-12774/2007)
CIVIL APPEAL NOS. 7947-7949 OF 2011 (Arising out of SLP(C) Nos.11981-11983 /2007)
CIVIL APPEAL NOS. 7950-7952 OF 2011 (Arising out of SLP(C) Nos.13378-13380 /2007)
CIVIL APPEAL NOS. 7953-7955 OF 2011 (Arising out of SLP(C) Nos.13382-13384/2007)
CIVIL APPEAL NOS. 7956-7958 OF 2011 (Arising out of SLP(C) Nos.14208-14210/2007)
CIVIL APPEAL NOS. 7959-7961 OF 2011 (Arising out of SLP(C) Nos.13087-13089/2007)
CIVIL APPEAL NOS. 7962-7964 OF 2011 (Arising out of SLP(C) Nos.13098-13100/2007)
CIVIL APPEAL NOS. 7965 OF 2011 (Arising out of SLP(C) No.11483/2008)
CIVIL APPEAL NOS. 7966-7968 OF 2011 (Arising out of SLP(C) Nos.16694-16696/2008)
CIVIL APPEAL NOS. 7972-7974 OF 2011 (Arising out of SLP(C) Nos.16115-16117/2008)
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O R D E R
1. Leave granted in all the matters.
2. We have heard the learned counsel for the
parties.
3. The respondents in these appeals were working
as daily rated employees in a project of the Public
Health Engineering Department, Respondent No.2
herein. Their services were discontinued after the
completion of the project. They filed an application
under the M.P. Industrial Relations Act and the
Labour Court passed an order directing their
reinstatement with back-wages.
4. Respondent No.2 preferred an appeal before
the Industrial Court and the Industrial Court
allowed the appeal and set aside the order of the
Labour Court. The respondents challenged the order
of the Industrial Court before the High Court.
5. Learned Single Judge of the High Court
allowed the writ petition filed by the respondents
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and set aside the order passed by the Industrial
Court and restored the order passed by the Trial
Court with a modification that the appellants shall
be liable to pay 25% back-wages to the respondents
from the date they were discontinued.
6. The appellants filed a writ appeal before the
High Court which was dismissed on the ground that
the power, which the learned Single Judge exercised
against the order passed by the Labour Court and the
Industrial Court, was under Article 227 of the
Constitution. The appellants are thus before this
Court.
7. In the peculiar facts and circumstances of
these cases, we deem it appropriate to direct that
the respondents be reinstated in service without
back-wages. However, the State would be at liberty
to give them employment wherever it is possible. We
expect the State to ensure giving employment to the
respondents workers nearer to the place of their
residence.
8. The impugned order passed by the High Court
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is modified to the extent mentioned above and the
appeals are disposed of accordingly. Parties are
directed to bear their own costs.
.....................J (DALVEER BHANDARI)
.....................J (DEEPAK VERMA)
New Delhi; September 15, 2011.